Orlando Divorce Lawyers

Our Orlando Divorce Attorneys Have Over 50 Years of Combined Experience

At McMichen, Cinami & Demps, our Orlando divorce attorneys have more than 50 years of combined experience handling complex family law matters. We’re dedicated to helping our clients fight for what they want and deserve.

We not only have half a century of experience handling family law cases but are also fortunate to have a Board Certified in Marital and Family Law attorney on our team. This sets us apart from other family law practices in Florida.

Dorothy McMichen earned this prestigious recognition by working hard, handling a wide variety of court cases, passing a rigorous exam, and being peer reviewed by six different divorce attorneys. Fewer than one percent of Florida family law attorneys have earned this prestigious recognition. She’s proven that she is an expert in family law disputes. If you’re going through a divorce in Orlando, FL, then contact us today for a free consultation. We’ll help you obtain the best outcome for your situation.

Why Should I Hire a Divorce Attorney in Orlando?

Life is messy. Divorce can be even messier. Disagreements about how to allocate marital property, who gets custody of the kids (and when), and whether or not one of you will have to support the other financially are quite common. It’s easy to get overwhelmed and frustrated when you can’t seem to agree.

Florida has some pretty complicated family law rules and procedures. Simple mistakes could end up costing you valuable time and money. Fortunately, you don’t have to try to navigate your divorce or custody battle on your own.

When you turn to McMichen, Cinami, and Demps for help, you can rest assured that your case is in experienced and competent hands. We’re tough negotiators and seasoned trial attorneys. We’ll do whatever it takes to get you the result you need.

Our Divorce Lawyers Offer a Free Consultation

Contact our Orlando, Florida law office today to schedule a free, no obligation case assessment. One of our compassionate divorce lawyers will review your case and explain your legal options. We’ll do our best to address any questions that you might have and help you understand the process that’s about to unfold. Call to get started today.

Few things in life are more difficult than getting a divorce. You’ve made the decision to make a huge change in your life, and that can be overwhelming. You and your spouse may not see eye-to-eye, which can cause tensions to run high. It’s important to understand all of your legal rights and options as you navigate the complex divorce process. Working with an experienced Orlando divorce lawyer can make the process more manageable.

Divorce Cases We Handle in Orlando, FL

DIVORCE

COLLABORATIVE LAW

Child Custody

Florida Divorce Process

The more you know about getting a divorce in Florida, the easier the process can be. Here’s a brief overview of what you can expect as you navigate your divorce.

Grounds for Divorce in Florida

Florida is a no-fault divorce state. You can get a divorce without pointing fingers and blaming someone for the split. Instead, you can legally ask the state to grant your divorce on one of two grounds:

You’ve probably heard the term “irreconcilable differences.” It means that spouses have issues that won’t be resolved, no matter how hard they try. That’s basically what an irretrievably damaged marriage is. You don’t have to say why your marriage is damaged or what prompted you to request a divorce.

If you don’t have kids, your spouse can’t argue that your marriage isn’t irretrievably broken. However, if you do share young children, your spouse can fight to keep the marriage alive. They can ask a court to order counseling so that you can try to save the relationship and avoid a divorce. A court will generally give parents three months to try to work things out.

The state will also grant a divorce if one spouse has been mentally incapacitated for at least three years.

Florida Divorce Residency Requirements

You can only get a divorce in Florida if you (or your spouse) satisfy the state’s residency requirements. This means that you (or your spouse) must have lived in the Florida county in which you’ll file your divorce papers for the last six months. A court will not accept your divorce petition until one of you has satisfied this requirement.

How Does the Divorce Process Begin?

The divorce process begins when one spouse, called the petitioner, files the appropriate paperwork his a circuit court clerk. These include the:

Once the forms are filed and the filing fees have been paid, they need to make their way to the other spouse through a process called service.

Service means that the divorce papers are formally delivered to the non-petitioning spouse, known as the respondent.

The process can’t officially begin until service has been completed. Service gives the respondent the opportunity to learn about the divorce and respond with an Answer to the terms proposed in the papers. This is the respondent’s chance to contest things like property division, child custody, or financial support.

Minimum Waiting Period

Once the process gets underway, you’ll have to wait a minimum of 20 days to have the divorce finalized. A court will only agree to finalize the split earlier than that if there are certain extenuating circumstances, such as abuse.

Mandatory Financial Disclosures

Dividing and allocating marital assets is one of the most challenging parts of a divorce. To make sure that the process includes all assets and debts, both spouses are requested to complete a Financial Affidavit and submit it to the court. This Affidavit must include a full accounting of all of the spouse’s separate property, as well as anything both spouses own together. This can include information about:

Wages and income

Checking and savings accounts

Real estate

Vehicles and personal property

Credit cards

Stocks and financial portfolios

Retirement benefits

Intellectual property

Business interests, and more.

Be prepared to have documents about your finances and assets, such as tax returns and bank statements.

Each spouse must submit this Affidavit within 45 days of service.

Terms of a Divorce are Binding

Once at least 20 days have passed and the terms of the divorce have been set, a court can sigqn off and approve the dissolution of marriage. This will formally terminate the legal relationship between the spouses. Each spouse will become a single person. Once the divorce is final, the terms agreed upon are legally binding. Those terms are protected by the court. If things change later in life, a spouse can file a petition to modify the order.

How Our Legal Team Can Assist You

Family law disputes can involve much more than getting a divorce. Our Orlando divorce attorneys are prepared to help you with every aspect of your case, from the beginning to the very end. We represent clients in all family law matters, including:

Divorce

It’s important to be fully aware of your legal rights and options as you work through a divorce. The longer a divorce takes, the more expensive it’ll be. Mistakes are easy to make when you’re unfamiliar with the process. The best thing you can do is let an experienced Orlando divorce attorney advocate on your behalf.

Our lawyers will handle every aspect of your contested or uncontested divorce. We’ll stand by your side from the moment you file until a judge formally dissolves your marriage. We’ll help you determine what’s most important to you and fight to make sure that you get it. Our goal is to do what’s best for you and your family.

Modification of Order

Court orders pertaining to custody or support aren’t set in stone. You always have the option of asking a court to modify an order if circumstances change. Maybe you lost your job and aren’t able to satisfy your alimony obligations. Or, perhaps you don’t think your kids are safe with your ex anymore. Whatever the case, you do have the right to ask to change the terms of your family law court orders.

However, a judge will only agree to modify an order for good cause. Having a lawyer on your side can make all the difference in the world. Our Orlando family law attorneys will put together a strong argument and support it with the evidence necessary to get the result you want.

Child Support

When you’re married, you don’t have to think about which parent will pay to feed, clothe, house, and educate your kids. That’s just something you do together. Things get more complicated when you and your spouse separate or get divorced.

If you have custody of the kids, you might also be entitled to financial assistance from the child’s other parent. Our attorneys will help you secure the financial support you need to take care of your children.

Parental Rights

You have certain rights as a parent. In Florida, both parents are considered to have equal rights under the law. It doesn’t matter if you’re married or not. Unless your actions or behavior pose a threat to your child, those rights cannot be infringed. Unfortunately, when parents disagree, kids can sometimes get caught in the middle.

Our attorneys are here to help you enforce your parental rights. We’ll help you establish or contest paternity. We’ll make sure that your custody plan is respected and that you aren’t kept from seeing your children. Children deserve both of their parents, and we’ll help you make that happen.

Enforcement

Orders relating to issues like child custody, child support, and spousal support have to be respected and followed. If your ex refuses to let you see your kids or hasn’t fulfilled their financial support obligations, they’ve violated a court order. Fortunately, the law is on your side.

Our Orlando family law attorneys will help you enforce your lawful court orders, whether they’re related to a divorce or not. We can sit down and discuss the issue with your ex and their attorney, or we can petition the court to step in. If necessary, we can ask a judge to hold your ex in contempt of court, which is a crime. We can use the fact that your ex violated a family law order to your advantage. Orders can be modified, often to your benefit, when your ex demonstrates that they aren’t interested in respecting the court.

Property Division

Florida is an equitable division state, meaning that each spouse is entitled to a “fair” share of the marital assets. Fair doesn’t always mean equal.

Courts consider several factors when allocating assets and debts. These can include your ability to earn, things you might have forfeited in your marriage, or a history of abuse. Our Orlando property division lawyers will help you make sure that what’s “fair” is decided on your terms.

Alternative Dispute Resolution

Sometimes spouses just don’t see eye to eye when getting a divorce. Fortunately, there are tools available to help you navigate the process. Our attorneys can stand by your side during mediation, litigate your case in private arbitration, or sit down to hash out a collaborative divorce.

Each process has its benefits and drawbacks, so it’s important to understand each one clearly before making a decision. We’ll help you choose the dispute resolution process that’s best suited for your particular case.

Recovery of Attorney Fees

Does your spouse have the ability to spend more money than you on a divorce? Are they making ridiculous claims and filing frivolous motions? Have they been abusive to you or your kids? If any of these are true, you might be able to force them to pay for your attorney fees.

There’s no guarantee that a judge will order your spouse to cover the cost of your attorney. However, it’s something you should consider asking for if the divorce is unaffordable or your spouse has engaged in misconduct. Our attorneys will do whatever we can to make it happen.

Domestic Violence

Domestic violence and abuse are far too common. Fortunately, there are ways to protect yourself if you or your family have been abused by someone you love. Our attorneys are always here to help you during this difficult time. We’ll petition the court for an injunction, which can temporarily prevent your spouse from contacting or visiting you. This can give you time to file for a divorce and get your family somewhere safe. Do not hesitate to reach out to us for immediate assistance if you or your children have been abused.

Our Orlando legal team also has experience dealing with false domestic violence allegations. Find out how we can assist you.

Prenuptial & Postnuptial Agreements

Florida has some pretty strict divorce laws. It’s an equitable division state, meaning that you’ll be awarded a “fair” share of the marital assets. This could mean that you get much less (or much more) than your spouse when you split up. It can be tough to have control over who gets what. Fortunately, you can sidestep Florida divorce law if you have a prenuptial or postnuptial agreement.

Our attorneys can help you design a prenup or postnup that dictates how your property will be divided if you get divorced. With a prenup or postnup, you can have a degree of control over your divorce and make sure that you walk away with what you really want.

Spousal Support

Spousal support – or alimony – can be necessary to help you get back on your feet after a divorce. Since you’re ending your marriage, your spouse probably won’t just be willing to fork over money after you’re divorced. You’ll need to convince a court that you need some financial assistance in the months or years after your marriage.

We’ll help you persuade a judge to award you alimony after your divorce. We’ll point out that there’s a huge disparity in income or that you gave up your job to take care of the family while you were married. Our goal is to make sure that you’re financially settled when you’re on your own. If you need help in Orlando, FL or Orange County, give us a call to begin your free consultation.

Child Custody

If you’re getting a divorce, you’ll have to figure out which parent will have custody of the kids, and when. This tends to be one of the biggest challenges for divorcing couples. Nothing is more important than your children. It’s essential to remember to put their interests and wellbeing above everything else.

Our law group will help you negotiate a custody arrangement that works for your entire family. If you have concerns about your spouse’s ability to take care of your children, our attorneys will make sure that they’re protected. Your children will be our first priority.

Contested Divorce

When you and your spouse disagree about anything – property division, custody, support – you’ll have what is known as a contested divorce. You’ll have a contested divorce even if you agree about all of the terms…except one. Contested divorces can be expensive and take a lot of time to resolve. Why? Because a court won’t finalize a divorce until all of the terms are resolved. This means you and your spouse have to find a way to agree on issues that are very close to your heart.

Our attorneys will help you work through your divorce and work hard to resolve any disputes that may prevent the process from moving forward. We’ll identify what you want to get out of your divorce and fight to make those terms a reality. If necessary, we’ll use tools like mediation and arbitration to help move discussions with your spouse move in the right direction. We’re skilled negotiators and will do everything we can to help you resolve your divorce disputes quickly and in your favor.

Uncontested Divorce

There are times when spouses get divorced and see eye-to-eye on everything. You agree about how property should be divided and how custody of the kids should be arranged. When this happens, its called an uncontested divorce. An uncontested divorce tends to cost a lot less and can be finalized a lot quicker than a contested dispute.

Even though uncontested divorces are easier, it’s still important to get the help of an attorney. You need to make sure that your rights are protected and the terms are favorable for you. Our attorneys will help you navigate the process as painlessly as possible.

Military Divorce

Life in the military can be stressful and hard on a relationship. Getting a divorce when one spouse is in the military can be incredibly complicated. If you’ve moved around a lot, you may not satisfy any residency requirements. You may also have property all over the country, which can certainly complicate things. If you have kids, it can be difficult to compromise and agree about where they should be raised after the divorce.

Our family law attorneys have decades of experience helping military families navigate the divorce process. We understand how complicated your life is and will fight to make your divorce as straightforward as possible. We’ll work with you to resolve the matter quickly and do what’s best for your family.

Same-Sex Divorce

Since 2015, same-sex couples have had the right to get married in Florida. Sometimes same-sex marriages just don’t work out. Since laws are still trying to catch up with the times, getting a divorce can be complicated if you’re in a gay marriage. Issues like child custody and property division can be particularly challenging.

We work hard to stay up-to-date on all of the changes in Florida divorce law, including those affecting LGBT couples. You can trust that we’ll stand by your side throughout the entire divorce process and fight to get you the results you want. We’ll work to uncomplicate the process and do what’s best for you and your family. file a petition to modify those terms.

Practice Areas

Our attorneys have worked a wide variety of family law cases including divorce, child support, and prenuptial and postnuptial agreements. Our firm has earned a well-respected reputation throughout the legal community due to the personalized service we provide to all of our clients. We pride ourselves on taking the time to really get to know you and what you are going through in order to provide such exceptional services.

Call Our Orlando Divorce Lawyers For Help

Family law disputes are complicated and messy. You need to make sure that you are fully aware of all of your rights, obligations, and options. Simple missteps can have serious consequences. Hiring an experienced Orlando divorce lawyer to handle your case can make all of the difference in the world.

At the law firm of McMichen, Cinami & Demps, our attorneys understand how difficult a divorce or custody dispute can be. With over 50 years of experience, we also know what it takes to get the results you want. We will be your biggest advocates throughout the entire divorce process and fight to protect your rights. Call our Orlando, FL law office today to schedule a free consultation and learn more.

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MCMICHEN, CINAMI & DEMPS

The Orlando, Florida based law firm of McMichen, Cinami & Demps dedicates its entire
practice to family law matters. We offer our clients combined experience of over 50 years in the
practice of law.

Our attorneys have worked with clients throughout central Florida in all areas of family law,
including divorce, child custody and property division. Call an Orlando divorce lawyer at McMichen, Cinami & Demps today for a free consultation.